A/HRC/30/40
90.
Businesses are increasingly disclosing the ingredients of products they make and
sell. This not only helps to meet their responsibility to consumers and communities, but
also helps to ensure that adverse impacts do not result from improper disposal or reuse.
91.
While some consumer products provide limited access to information about
hazardous substances (or the absence of a few hazardous substances in their products),
there are serious deficiencies in the amount and type of information consumers have
regarding the hazardous chemicals present in products they use. Critically, there is a deficit
of information about actual and potential impacts of hazardous substances. Furthermore,
information is missing about the adverse human rights impacts from hazardous substances
implicated in the production of consumer products. There is also a lack of information
about the actual and potential impacts after products are discarded for recycling or disposal.
92.
Businesses also have a responsibility to communicate information to individuals or
groups at disproportionate risk of adverse impacts. 69 In general, but especially for children,
local communities in high-risk areas and others at risk of disproportionate impacts, it is not
sufficient to simply identify the name of the hazardous substance. It is essential to explain
and create awareness about what harm may result. This concept has been adopted for
tobacco products, where packages do not identify the hazardous substance, but rather
cancer and other adverse effects. However, for cosmetics and other consumer products with
substances listed, often only the substance is listed (some of which may be masked by
generic terms such as “fragrance”), not the potential adverse effect. And of course, most
products do not contain their constituent substances at all, including hazardous substances.
3.
To engage in cross-border cooperation
93.
The ongoing expansion of supply chains and business relationships around the world
— resulting in increased production, use and disposal of hazardous substances and wastes
in countries with limited capacity to ensure their safe use and disposal — heightens the
responsibility of businesses to ensure their products do not cause or contribute to human
rights violations because of hazardous substances, both at home and abroad.70
94.
Businesses need to have appropriate tracking mechanisms in place to ensure that
actual and potential human rights impacts are addressed, whether they cause or contribute
to these impacts.71
95.
When information is submitted to one State about the health and safety of any
substance, it should be in the public domain. Whether or not a country has identical,
appropriate or reliable systems to protect confidentiality is not pertinent when it comes to
health and safety information about hazardous substances and wastes, because this should
not be confidential.
IV. Conclusion and recommendations
96.
The Special Rapporteur emphasizes that the right to information on hazardous
substances and wastes is central to the enjoyment of human rights and fundamental
freedoms. The Special Rapporteur argues in the present report that information
69
70
71
20
OECD Guidelines for Multinational Enterprises (2011), Commentary on human rights, chap. IV,
para. 40.
See OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from ConflictAffected and High-Risk Areas (2013).
Guiding Principle 20.
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